HELENA, MT—On Monday, the 13th Judicial District Court, Yellowstone County, rejected a challenge to CI-128, the 2024 ballot initiative that enshrined the right to an abortion in the Montana Constitution. The Montana Supreme Court previously rejected a similar attempt to challenge CI-128 by the same groups in the summer of 2025.
The Court’s decision affirmed that the overwhelming passage of CI-128 was constitutionally valid, finding that “there is no factual basis upon which Petitioner could recover based on the claim before the Court.” The Court’s dismissal rejects a challenge by anti-abortion groups that CI-128 was not properly presented to voters for approval.
“In November 2024, Montanans went to the polls and overwhelmingly voted ‘yes’ to keep personal medical decisions—specifically those related to pregnancy and abortion—between a patient and their doctor,” said Akilah Deernose, Executive Director of the ACLU of Montana. “Today’s ruling builds on that electoral victory. But if the past few years have taught us anything, it’s that the struggle for civil rights is never truly over, and ACLU of Montana will continue our work to protect Montanans from government overreach into private medical decisions.”
“Last year, the highest court in Montana refused to undo the will of the voters on CI-128 and now the lower court has come to the same conclusion. Everyone deserves the right to privacy and access to the care they need,” said Alice Boyer, Executive Director of Forward Montana. “Montanans showed up and made their voices heard and decided that the right to privacy and access to abortion care should be a decision between the individual and their doctor. And as long as the anti-abortion extremists keep making these attacks, we won’t stop fighting against them.”
“This decision is yet another affirmation of the will of voters — Montanans value access to abortion care and the ability for families to make decisions about pregnancy, without government interference," said from Martha Fuller, CEO and president, Planned Parenthood Advocates of Montana. "While anti-abortion extremists continue to desperately attempt to take care away, our state has shown time and time again that we will show up to fiercely defend our rights and our health care. Planned Parenthood Advocates of Montana and our supporters will continue to fight for the health care Montana needs and deserves.”
While the Montana Supreme Court ruled in 1999 that the Montana Constitution’s general right to privacy also applied to personal medical decisions, including abortion, the passage of CI-128 added explicit language to the Montana Constitution, indicating that Montanans have the right to “make and carry out decisions about one’s own pregnancy, including the right to abortion.”
Raph Graybill and Rachel Parker of Graybill Law Firm along with the ACLU of Montana intervened in the case on behalf of Dr. Samuel Dickman, Planned Parenthood Advocates of Montana, ACLU-MT and Forward Montana.
To learn more about abortion rights in Montana, please visit this Know Your Rights explainer on the ACLU of Montana website.
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